Sec. 36.08. GIFT TO PUBLIC SERVANT BY PERSON SUBJECT TO HIS JURISDICTION. (a) A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency.
(b) A public servant in an agency having custody of prisoners commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be in his custody or the custody of his agency.
(c) A public servant in an agency carrying on civil or criminal litigation on behalf of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person against whom the public servant knows litigation is pending or contemplated by the public servant or his agency.
(d) A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion.
(e) A public servant who has judicial or administrative authority, who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal's decision, commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any matter before the public servant or tribunal.
(f) A member of the legislature, the governor, the lieutenant governor, or a person employed by a member of the legislature, the governor, the lieutenant governor, or an agency of the legislature commits an offense if he solicits, accepts, or agrees to accept any benefit from any person.
(g) A public servant who is a hearing examiner employed by an agency performing regulatory functions and who conducts hearings in contested cases commits an offense if the public servant solicits, accepts, or agrees to accept any benefit from any person who is appearing before the agency in a contested case, who is doing business with the agency, or who the public servant knows is interested in any matter before the public servant. The exception provided by Sec. 36.10(b) does not apply to a benefit under this subsection.
(h) An offense under this section is a Class A misdemeanor.
(i) A public servant who receives an unsolicited benefit that the public servant is prohibited from accepting under this section may donate the benefit to a governmental entity that has the authority to accept the gift or may donate the benefit to a recognized tax-exempt charitable organization formed for educational, religious, or scientific purposes.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, Sec. 11, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 3238, ch. 558, Sec. 5, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 304, Sec. 4.04, eff. Jan. 1, 1992; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
United States v. Brigido Marmolejo, 89 F.3d 1185 (5th Cir. 1996).
· cites it 3× “Salinas and Marmolejo allege that their prosecution under Tex Penal Code Ann. § 36.02(a)(1) was improper because a more specific statute, Tex Penal Code Ann.”
Smith v. State, 959 S.W.2d 1 (Tex. App.—Waco 1998).
· cites it 3× “See Tex. Penal Code Ann. § 36.08 (d) (Vernon 1994).”
United States v. Michael Bryant Brumley, 116 F.3d 728 (5th Cir. 1997).
“See Tex. Penal Code Ann. § 36.08 (e) (making it a Class A misdemeanor for a public servant with judicial authority to “solicit[ ], accept[ ], or agree[ ] to accept any benefit from a person the public servant knows is interested in or likely to become interested in any matter…”
Browning-Ferris Indus., Inc. v. Zavaleta, 827 S.W.2d 336 (Tex. App.—Corpus Christi 1992).
· cites it 2× “The offense charged is a class A misdemeanor under Tex.Penal Code Ann. § 36.08(e) and (g). After being indicted, appellee was arrested, booked, arraigned and released on bond.”
United States v. Marmolejo, 86 F.3d 404 (5th Cir. 1996).
· cites it 3× “Salinas and Marmolejo allege that their prosecution under TexPenal Code Ann. § 36.02(a)(1) was improper because a more specific statute, TexPenal Code Ann.”
Cerda v. State, 750 S.W.2d 925 (Tex. App.—Corpus Christi 1988).
· cites it 2× “” The pertinent portions are as follows: (e) A public servant who has judicial or administrative authority, who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal’s decision, commits an offense if…”
State v. Broaddus, 952 S.W.2d 598 (Tex. App.—Houston [14th Dist.] 1997).
· cites it 2× “See Tex. Penal Code Ann. § 36.08 (Vernon 1996).”
In re Powered by People & Robert Francis O'Rourke v. the State of Texas, No. 15-25-00140-CV (Tex. App.—15th Dist. Aug. 25, 2025).
· cites it 2× “035; (3) Rule 5, § 3 of the House Rules of Procedure; and (4) Tex. Pen. Code §§ 36.08, 36.10. Consumers have and continue to suffer irreparable harm through these unlawful acts Temporary Restraining Order - Page 1 because they are making political contributions that are being…”
Cary, Stacy Stine, No. PD-1341-14 (Tex. Crim. App. Aug. 4, 2015).
· cites it 2× “passim TEX. PENAL CODE § 36.08 .................”
Tex. Penal Code § 36.08(a): 2 cases
Tex. Penal Code § 36.08(b): 2 cases
United States v. Brigido Marmolejo, 89 F.3d 1185 (5th Cir. 1996).
“Salinas and Marmolejo allege that their prosecution under Tex Penal Code Ann. § 36.02(a)(1) was improper because a more specific statute, Tex Penal Code Ann.”
United States v. Marmolejo, 86 F.3d 404 (5th Cir. 1996).
“Salinas and Marmolejo allege that their prosecution under TexPenal Code Ann. § 36.02(a)(1) was improper because a more specific statute, TexPenal Code Ann.”
Tex. Penal Code § 36.08(e): 2 cases
Browning-Ferris Indus., Inc. v. Zavaleta, 827 S.W.2d 336 (Tex. App.—Corpus Christi 1992).
“The offense charged is a class A misdemeanor under Tex.Penal Code Ann. § 36.08(e) and (g). After being indicted, appellee was arrested, booked, arraigned and released on bond.”
Cerda v. State, 750 S.W.2d 925 (Tex. App.—Corpus Christi 1988).
“” The pertinent portions are as follows: (e) A public servant who has judicial or administrative authority, who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal’s decision, commits an offense if…”
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